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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #21  
Old 09-22-2010, 10:56 PM
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Originally Posted by AtALoss View Post
one last thought.... when there is a condition of post secondary it means only one shot at post secondary it is not intened to continue until the child gets multiple degrees or hope around various programs. the family law rules clearly state to a maximum of 4 consecutive years... no more. In the case of a global order it means until the youngest turns 18or add on those four years thats it. By no means should it be continuing until they are well past thier mid twenties.

Support for a disabled child can also terminate if they have proven income. Work or a disability pension would constitute income.
I have seen one case where the father was ordered to pay until the child was 24, and this was because the child did not start university until a bit later. Can't remember the specific case, but found it on canlii.
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Old 09-22-2010, 10:59 PM
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Can and does happen but my point was that it should not be going on until a child gets thier PHD.
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Old 09-22-2010, 11:01 PM
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Unfortunately it really comes down to what a judge says. If he feels there is "need" then you are stuck paying, or you waste a lot in legal fees to fight it.
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Old 09-22-2010, 11:51 PM
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Can and does happen but my point was that it should not be going on until a child gets thier PHD.
That can, and has been ordered within recent years. The "child" was 26 or so and completing their post doctorate, the judge ordered c/s to continue.

Now, that may also be a "means" test, meaning the payor had the means to continue with the support.
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Old 09-23-2010, 09:44 AM
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Some orders are a "global order" which means that the support is to be paid until all children are considered "not to be children of the marriage"

You may have had 2 children 10 yrs apart. First child moved out at 16 and got married, and second child went to university to become a doctor.

You will be paying support for both children until the second is 24 yrs old, and the first child is 34 and a grand parent of their own.

And yes you can request confirmation that the child is registered in full time education.
Any party paying support is downright foolish and beyond to allow this kind of clause in an agreement. It makes no sense whatsoever to allow this kind of "piggy backing" of support such that amounts are being paid for a child who ceased to be a child of the marriage just because there is a younger child behind.

Someone please explain to me what I'm missing here. That's completely whacked.
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Old 09-23-2010, 09:53 AM
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Any party paying support is downright foolish and beyond to allow this kind of clause in an agreement. It makes no sense whatsoever to allow this kind of "piggy backing" of support such that amounts are being paid for a child who ceased to be a child of the marriage just because there is a younger child behind.

Someone please explain to me what I'm missing here. That's completely whacked.
An order like this would not be by consent. Yes it is whacked. Anyone who had such an order would clearly have grounds to question it, but often one does not realize it until after they get into trouble with the FRO.
  #27  
Old 09-23-2010, 10:10 AM
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In that case, any judge who makes an order like this is whacked. Support should continue for the second child, but not for the child who ceased to be a child of the marriage.

Please explain to me how this makes any sense. Under what circumstances can this be justified?
  #28  
Old 09-23-2010, 10:13 AM
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I think they use it as a way to provide spousal support when there are no grounds for spousal support.

Not fair, but legal.
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Old 09-23-2010, 10:14 AM
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Brutally unfair.
  #30  
Old 09-23-2010, 10:50 AM
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Here is a link to a book that is an excellent read on the subject of child support.

child support - press

Lucien Khodeir has written this book with the intention of showing how the current laws are bad for children, and what a better solution would be.

I am not sure if you can still get a free copy of it in pdf, but he is a great guy to talk to as well, and a wealth of information.
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